Tovis Ation Richardson v. United States

I. The Fourth Circuit and several other circuits apply the U.S.S.G. § 2D1.1(b)(1) enhancement if a firearm is found in any place where a defendant’s conspiracy was carried out. Other circuits apply a multi-factor test that requires a stronger connection between the firearm and the defendant’s offense conduct. Did the Fourth Circuit err in holding that a section 2D1.1(b)(1) enhancement was properly applied to Mr. Richardson because a shotgun was found in the trunk of a car he had previously driven to carry out drug transactions? II. The federal courts of appeals are split on whether and when a knowing and otherwise valid appeal waiver will be enforced because enforcement would result in a miscarriage of justice, with some circuits not recognizing such an exception at all, others applying a recognizable standard, and some recognizing a miscarriage of justice only on a case-by-case basis. Did the Fourth Circuit, which applies more of a case-by-case approach, err in declining to apply a miscarriage-of-justice exception where failing to correct a guideline error in Mr. Richardson’s sentence rendered him ineligible for a sentencing reduction under Amendment 821, which was not a bargained-for benefit of his appeal waiver?